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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 71 /94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH HON JENNY SHIPLEY Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...
SummaryAn interview with physicist Dr Paul Davies focussed on what the interviewer described as "one of the world’s greatest mysteries, how did life first get started" in an episode of the BBC series, Discovery, broadcast on National Radio on 7 October 1998. Dr Davies hypothesised on the processes of mutation and natural selection, and the possible injection of information into genomes through Darwinian evolution. Mr Fox complained to Radio New Zealand Limited, the broadcaster, that Dr Davies’ comments were inaccurate and unbalanced. He said it was incorrect to state that mutation and natural selection increased information in the genome. The programme, he wrote, should have included the Creationist view about the origin of information in living things. Responding, RNZ denied that the comments were inaccurate, and pointed out that they were the scientifically-based opinions of Dr Davies, had been identified as such, and were reported truthfully and accurately....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kool FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – controversial issue of public importance discussed – broadcaster did not make reasonable efforts to present significant viewpoints during the period of current interest – upheld Standard 6 (fairness) – Mr Muir allowed to make serious, unchallenged and unsubstantiated allegations of impropriety and illegal behaviour about named individuals – Mr Sieling, Mr Catran and Mr Hewlett dealt with unfairly – comments about Mr Barclay and Mr Bartley were brief general criticisms and as such they were not treated unfairly – upheld Standard 5 (accuracy) – subsumed into consideration of Standards 4 and 6 OrdersSection 13(1)(a) –…...
Summary In an interview broadcast after the jury announced its verdict in the trial of Scott Watson, Olivia Hope’s father appealed for information which would help trace the bodies of the two victims. The item was broadcast on 11 September 1999 beginning at 6. 00pm. Ms van Drunen complained to Radio New Zealand Ltd, the broadcaster, that Mr Hope had "blatantly accused" the parents of Scott Watson and the family of being part of a cover-up in the disappearance of the two young people. She suggested that as Mr Watson had been found guilty without a single piece of hard evidence, it was possible that he did not know what had happened to them. RNZ responded that it found it hard to conclude that what was said contained an accusation of a cover-up....
Download a PDF of Decision No. 1991-008:Earlly and Radio Pacific Ltd - 1991-008 PDF578. 13 KB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 92/94 Dated the 6th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster PRIMEDIA (Radio Hauraki) of Auckland I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host interviewed a representative from MetService about weather predictions made by NIWA – host commented “Do those people at NIWA, do they read your forecasts, or have they got their heads so far up their backsides they don’t take any notice of anyone else? ” – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – contextual factors – host’s comment colloquial – would not have caused offence or distress to listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A talkback programme, broadcast on Newstalk ZB on Friday 24 December 2010 at 7....
Summary Monica Lewinsky was interviewed by Kim Hill on National Radio on 15 March 1999 just after 9. 00am, following the release of the book which dealt with her relationship with President Clinton. Simon Boyce of Paraparaumu complained to Radio New Zealand Ltd, the broadcaster, that one of the interviewer’s questions was unfortunate and inappropriate. He maintained that the interviewer had a history of asking her guests sexually explicit and intimate questions which were clearly embarrassing. In his view, this interview breached standards R2 and R5 of the Radio Code of Broadcasting Practice. RNZ responded that in the context of an interview with Ms Lewinsky, the language used had not breached the requirement to observe standards of good taste and decency....
ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....
ComplaintRadio Pacific – hosts Pam Corkery and Paul Henry – interview with RNZ Navy Commander about the help being given to a damaged British destroyer – some questions denigrated the British – unbalanced – unfair FindingsPrinciple 4 – interviewee not harassed – no uphold Principle 5 – no one treated unfairly – no uphold Principle 7 – British navy personnel not denigrated – no uphold This headnote does not form part of the decision. Summary [1] The assistance being given by the New Zealand Navy to the British destroyer damaged at Lord Howe Island was the subject of an interview broadcast on Radio Pacific at about 8. 20am on 12 July 2002. Hosts Paul Henry and Pam Corkery interviewed Commander John Campbell of the Royal New Zealand Navy....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...
Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...
Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Fijian Language Programme – interview with Frank Bainimarama discussing situation in Fiji – Mr Bainimarama portrayed situation in Fiji as cheerful and normal – allegedly in breach of balance and social responsibility standardsFindings Principle 7 (social responsibility) – matters raised by complainant were ones of editorial discretion – not upheldPrinciple 4 (balance) – broadcaster upheld balance complaint – action taken insufficient – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast[1] An item broadcast on Niu FM during its Fijian Language Programme on 15 December 2006 contained an interview with Commander Frank Bainimarama....
ComplaintSpace – interview with rock group Pantera – language – fuck – motherfucker – offensive – standard G2 upheld by broadcaster – warning acknowledged as inadequate – action taken to improve warnings FindingsDecline to determine – s. 11(b) – attempt by complainant to re-litigate conviction for use of obscene language under Telecommunications Act This headnote does not form part of the decision. Summary "Pantera", a heavy metal band, was interviewed on Space which was broadcast on TV2 on 11 May 2001 starting at 10. 25pm. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the language in a programme aimed at young people was obscene. In response, TVNZ noted that the interview included the words "fuck" and "motherfucker". It referred to the programme’s AO rating and time of broadcast, and said that the language used was part of the "Pantera persona"....
Summary The manager of the Chatham Islands Millennium Project was interviewed by Kim Hill on the programme Nine to Noon broadcast on National Radio on 28 January 1999 at 9. 45am. At the conclusion of the interview, he was asked to explain whether his previous conviction for fraud had been an impediment in this role. Mr P F Smith, Mayor of the Chatham Islands Council, complained to Radio New Zealand Ltd, through the Broadcasting Standards Authority that the interviewer had acted unprofessionally in raising that issue. The Council sought a ruling from the Authority to censure the broadcaster, he wrote. In its response, RNZ argued that as a significant amount of public money had been granted to the Chatham Islands Millennium Project, it was considered reasonable to raise the matter of the Project Manager’s background....
Complaint3 News Special – interview with Prime Minister – canvassed allegations in "Seeds of Distrust" by Nicky Hager published that day – claimed that Government was aware of accidental distribution of GM contaminated seeds – unfair and unbalanced – ambush – disclosure applications from complainants and broadcaster. FindingsDisclosure Application Order made pursuant to s. 12 against broadcaster. Orders(i) Chronology(ii) Field tapes (iii) Affidavits relating to confidentiality agreement(iv) number and confirmation of person to whom source material returned to This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Detailed claims from the book "Seeds of Destruction", written by Nicky Hager and published that day, were put to the Prime Minister by interviewer John Campbell during a 3 News Special broadcast at 7. 00pm on 10 July 2002. The interview had been recorded the previous day (9 July)....
Complaint3 News Special – included an interview with Prime Minister – canvassed allegations in "Seeds of Distrust" by Nicky Hager published that day – claimed that Government was aware of accidental distribution of GM contaminated seeds – unfair and unbalanced – ambush – TV3 argued that referral of complaint to the Authority raised new issues – not permissible under Act – scope of referral Findings on acceptable scope of referralIn response to complaint, broadcaster invited complainants to detail accuracy complaint – details contained in referral – to the extent that referral responded to broadcaster’s invitation, issues not new This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Detailed claims from the book "Seeds of Destruction", written by Nicky Hager and published that day, were put to the Prime Minister by interviewer John Campbell during part of a 3 News Special broadcast at 7....
Complaints3 News Special – included an interview with Prime Minister – canvassed allegations in "Seeds of Distrust" by Nicky Hager published that day – claimed that Government was aware of accidental distribution of GM contaminated seeds – unfair and unbalanced – "ambush" – TV3 argued that referral of complaint to the Authority raised new issues – not permissible under Act – Authority ruled that issues raised were not new Findings on process now to be followedTV3 to respond to complainants on Standard 5 (accuracy) aspects of the complaint This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Detailed claims from the book "Seeds of Distrust", written by Nicky Hager and published that day, were put to the Prime Minister by interviewer John Campbell during a 3 News Special broadcast at 7. 00pm on 10 July 2002....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Real Crime: Interview with a Serial Killer – contained part of an interview with a serial killer who stated that he had snapped a woman’s neck – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – promo contained adult themes which would have disturbed and alarmed child viewers – promo incorrectly classified G – broadcaster did not adequately consider the interests of child viewers – upheld OrderSection 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] A promo for the programme Real Crime: Interview with a Serial Killer was broadcast at 5. 25pm on Wednesday 16 September 2009. It was shown in the G (General) timeband, directly after a One News update and just prior to a G-rated programme, Australian MasterChef....